Amicus Curiae

The following articles were also published in BusinessWorld.

November 02, 2016

Section 40 (C)(2) of the 1997 National Internal Revenue Code provides two instances for tax-free exchanges of properties: first, transfer to a controlled corporation; and second, merger or consolidation. In both instances, no gain or loss is recognized in the exchange of properties between two taxpayers. The Bureau of Internal Revenue (BIR) through the years has promulgated several... Read More

October 26, 2016

Benjamin Franklin once said that “There are only two things certain in life: Death and Taxes.” Yet even if we know that death is inevitable, we still fail, much worse, forget to get ready for it.    A parent, during his lifetime, will accumulate wealth in order to provide for the members of his family, with the knowledge that upon his death the products of his effort and work... Read More

October 20, 2016

In competition law, dawn raids are powerful tools for competition authorities to investigate possible violations of antitrust  laws.   Dawn raids are unannounced visits by competition authorities seeking information on potentially anti-competitive conduct and practices. They typically involve searching computers, servers, and filing cabinets for documents and information... Read More

October 19, 2016

Online shops have become a convenient place to buy consumer products -- a haven for individuals who do not have the time to visit physical stores and boutiques. Online Shopping is done through personal Web sites, social networking sites like Facebook, Instagram, or through online marketplaces such as Lazada and Zalora. Most buyers prefer transacting with reputable sites such as Lazada and... Read More

October 05, 2016

The use of mobile phones has become a way of life among Filipinos, not without reason. Filipinos who have family members or relatives working abroad use mobile phones to keep in constant touch with their loved ones. Couples who are in long distance relationships make the most of mobile phone applications to help them make the distance bearable. Even Filipinos here in the country use... Read More

September 29, 2016

Republic Act No. 10911 (also known as the “Anti-Age Discrimination in Employment Act”) lapsed into law on July 21, 2016. While there are several laws on discrimination in the Philippines, e.g. women, persons with disability, persons with HIV, etc., this is a new law focusing on age discrimination. The Department of Labor and Employment has yet to issue the implementing rules and regulations... Read More

September 28, 2016

Following his verbal announcement to declare a state of lawlessness nationwide, President Rodrigo Duterte signed Proclamation No. 55, series of 2016, declaring a state of national emergency on account of lawless violence in Mindanao last Sept. 5. The last straw which brought about the proclamation was the fatal bombing incident in a night market in Davao City, perpetrated by lawless elements on... Read More

September 07, 2016

After the buzz on the issue of legality of having Uber and GrabCar operate in the Philippines had died down due to the Department Order No. 2015-011 issued by the Department of Transportation and Communications (DoTC) on May 8, 2015 creating a new classification of public transport, yet another legal issue arises: whether or not drivers accredited by TNCs are employees or independent... Read More

August 31, 2016

Following a series of public consultations held between June and August 2016, the National Privacy Commission (NPC) promulgated the Implementing Rules and Regulations (IRR) of Republic Act No. 10173 last Aug. 24, 2016.    Republic Act No. 10173, or the Data Privacy Act of 2012 (DPA), was principally authored by former Senator Edgardo J. Angara during his chairmanship of the... Read More

August 24, 2016

The recent issuance of the Implementing Rules and Regulations (IRR) of the Philippine Competition Act (PCA) is a game changing regulation for corporations doing business in the Philippines. The IRR clarifies the notification requirement for mergers and acquisitions, among others, and regulates mergers and acquisitions of businesses. Simply put, large corporations cannot continue their business... Read More